POLSCI 3NN6 Lecture Notes - Lecture 16: Fundamental Justice, Absolute Liability, Henry Morgentaler
Document Summary
State induced psychological stress is harm to the psychological health of the individual. Woman has loss of control over her body. Person maintains full state of mental thinking: she needed assistance to end her life. Scared she might fail in an attempt on her own and make her condition worse: criminal code offence prohibited her from ending her life. Section 7 does not protect anything in terms of property or money. Re: bc motor vehicles act: a piece of legislation that stated driving while your licence is suspended whether you know it is or not is an offence. As soon as you develop a certain number of demerit points your licence is suspended: punishment: fine and mandatory incarceration, questions raised about the constitutionality. The courts set out 3 types of offenses: mens rea: you intended the action to occur, strict liability offensive: doesn"t matter if you intended to do the act, as long as you committed it.